Public Prosecutor drops false declaration case against Olten Ayres | OneFootball

The São Paulo State Public Prosecutor’s Office (MP-SP) ordered the closure of the police investigation into Olten Ayres, president of the Deliberative Council of São Paulo Futebol Clube, over an alleged act of ideological falsehood.

The decision was issued by prosecutor Daniela Domingues Hristov, of the 4th Criminal Prosecutor’s Office of the Capital, who cited the lack of criminal typicity in the conduct under investigation as grounds for closing the case.

The decision came after the Civil Police had indicted the executive last week. The investigation had been opened following a complaint from the club’s Ethics Committee, which, in a report dated April 29, identified signs of irregularity and forwarded the documentation to the police authorities.

Legal Grounds for Closing the Case

In the police investigation, the preparation of an opinion dated December 17, 2025, signed by members of the Advisory Council José Eduardo Mesquita Pimenta and Ives Gandra da Silva Martins, was called into question. The Civil Police argued that the draft document had been written by Olten Ayres and submitted only for signature collection, without prior deliberation by the body.

In analyzing the case, however, the Public Prosecutor’s Office emphasized that:

Advisory Nature: The Advisory Council is merely consultative in nature, with no prerogative to amend the bylaws or produce binding legal effects.

No Harm: It was not proven that the opinion had the capacity to harm rights, create obligations, or alter the truth about a legally relevant fact — essential requirements for characterizing the crime of ideological falsehood.

Contacted for comment, Olten Ayres said he will not comment on the matter.

Context of Other Investigations: The shelved inquiry is unrelated to the three investigations being conducted by the task force of the Public Prosecutor’s Office and the Civil Police, which are looking into suspicions of money laundering, irregular exploitation of luxury boxes at Morumbi, and corruption in Julio Casares’s administration.

Origin of the Statutory Deadlock

The controversy began after a filing by president Harry Massis regarding the procedures surrounding a proposed bylaw reform submitted by former president Julio Casares in December 2025. The proposal provided for two central changes: easing the quorum requirement for the creation of a Sociedade Anônima do Futebol (SAF) and separating football from the social club.

At the time, the process continued with the matter being referred to the Advisory Council, which issued an opinion in favor of the reform. Later, the Legislative Committee came out against the changes, but its opinion was invalidated by Olten Ayres on the grounds that the 30-day procedural deadline had been exceeded.

In an internal investigation, the club’s Ethics Committee heard from members of the Advisory Council and concluded that the body had not met in person to discuss the text. An email from Ives Gandra cited in the investigation indicated that the letter reflected isolated conversations and that the final wording had been prepared by a club lawyer. Based on that understanding, the internal body had classified the document as potentially false, a theory now dismissed by the courts.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.